JUDGMENT Per Deepak Gupta, J.(Oral)-In this petition the State has challenged the order of the Tribunal dated 17th August, 2007 whereby the Tribunal has directed that the period 13 years and 11 months of service rendered by the applicant be treated as qualifying service for calculating the pension and directed the State to pay the pension. This case is squarely covered by the JUDGMENT of this Court in State of H.P and others vs. Sarab Dayal, Latest HLJ 2007(HP) 1292 whereby this Court held as follows:- “25. We are, therefore, of the considered view that 50% of the continuous service rendered by the employees on daily rated basis followed by work charge/regular employment should be taken into account while calculating the qualifying service for purposes of entitlement to and the amount of pension to be paid to them.” 2. In the aforesaid case, we clearly held that 50% of the daily wage service of an employee has to be counted as qualifying service for grant of pension. In the present case, the applicant was appointed on 1.7.1985 as Daily wage technician Grade-II and worked on daily wage till 31.12.1995. Thereby he has rendered 10 years and 6 months of service on daily wages. The respondent joined as Regular Work Charge Technician on 1.1.1996 and retired from service on 30.11.2004, i.e. he had rendered 8 years and 11 months service. 50% of his service on daily wages works out to 5 years and 3 months. Therefore, the total qualifying service rendered by the respondent works out to 14 years and 2 months 3. The State is directed to ensure that pension is paid to the petitioner by taking his qualifying service of 14 years and 2 months. The needful be done within 12 weeks from today. In case, the amount of pension is not paid within 12 weeks the claimant shall be entitled to 9% interest per annum from today. 4. The writ petition is dismissed. No order as to costs.